Criminal Record Waiver Guidelines

Good evening.

So in August of 2009 I was CHARGED with Domestic Assault 3rd Degree in Missouri. In September, 2009 the charge was reduced to Assault 3rd Degree for a plea bargain which I accepted after being told by my lawyer that it would not affect my gun rights nor military eligibility. This charge carried a maximum of 1 year incarceration, which was suspended and in turn I completed 2 years unsupervised probation. The alleged victim was my recently ex-girlfriend and we were staying the night at a family member's.

2015 rolls around, and I purchased a gun. Got a DELAYED status from NICS, but thought nothing of it because my father, who had the same name, did have felony convictions. I assumed the delay was simply due to that. Waited a few days and picked up the gun. I had zero issues from the ATF. No warrants, no contact, etc.

So now early last year, 2018, I purchased a lower receiver and again received a DELAYED status. Waited the couple days and picked it up. Except this go around, I got a call from an ATF agent a week later and was told to meet him at a local pawn shop to pawn the receiver so that it was no longer in my possession. I mentioned that I owned several other guns and he said that was fine, but something from my criminal record, which consists solely of the one incident, turned my DELAYED into a DECLINED on this one purchase.

This brings us to now. I intend to enlist in the military. The Air Force Reserve Command specifically. Obviously not being able to possess guns is a no-go, but I have no definite answer whether I can or not. Is there a precedent for determining waiver eligibility in such a case?

Re: Criminal Record Waiver Guidelines

What waiver are you referring to?

what you need to be doing, or actually should have when the issue with the recieved came about, was find out why you were declined. Until you know why you were declined you won’t know if there is anything you can do to change or correct the problem.

you need to understand that under the germane federal law, your conviction falls under the definition of a crime of domestic violence. It is the facts of the incident and not the statement in the statute charged that defines domestic violence.

So, you start with determining why you were not allowed to purchase the lower receiver. Along with that you need to determine whether you can possess the firearms you currently own. Mistakes have been made both ways before. Some people have been denied when they shouldn’t have been and some people have been allowed to purchase firearms when they were not allowed to under the law. Just because you were allowed to purchase firearms before doesn’t mean it was correct. There could have been an error and given the fact you were prohibited from making your last purchase, it could be an error either way. You really should have investigated this before, especially after the second issue.

Re: Criminal Record Waiver Guidelines

Anyhow, whether or not it was a crime of DV, the military is overstrength right now and under no obligation to issue a waiver if you have a criminal record. Undersatnd when assessing your suitability for the waiver, they will investigate what you were originally charged with, not just what you pled to. I'm not hopeful.

I'm confused about this "ATF" guy who told you to pawn things and that it was OK to keep other guns. Something smells here.

Re: Criminal Record Waiver Guidelines

If he is prohibited from possessing guns there is no waiver the military can issue to alllow him to possess a gun. He would have to seek permission is a separate action through the courts. That is the waiver I thought he was talking about.

Re: Criminal Record Waiver Guidelines

Quoting jk

What waiver are you referring to?

what you need to be doing, or actually should have when the issue with the recieved came about, was find out why you were declined. Until you know why you were declined you won’t know if there is anything you can do to change or correct the problem.

you need to understand that under the germane federal law, your conviction falls under the definition of a crime of domestic violence. It is the facts of the incident and not the statement in the statute charged that defines domestic violence.

So, you start with determining why you were not allowed to purchase the lower receiver. Along with that you need to determine whether you can possess the firearms you currently own. Mistakes have been made both ways before. Some people have been denied when they shouldn’t have been and some people have been allowed to purchase firearms when they were not allowed to under the law. Just because you were allowed to purchase firearms before doesn’t mean it was correct. There could have been an error and given the fact you were prohibited from making your last purchase, it could be an error either way. You really should have investigated this before, especially after the second issue.

I agree, this should have been taken care of a while back. Unfortunately I was in no situation to do so.

I may be mistaken, but from what I was reading last night it appears that if I were to get the original charge expunged by the state, the Lautenberg Amendment would no longer restrict my gun rights.

The question becomes then, would the military background check just accept the fact that it no longer applies, or can they use their own interpretation in some way that would still prevent me from enlisting?

All of course assuming I can get the recruiter to want to push through with it.

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